Builder not completed the house in time
Vishnu
(Querist) 21 October 2014
This query is : Resolved
Hello,
I bought a flat in 2010 and registered in 2010. It was under construction. The builder till date has not completed the project in all respects. That is water, electricity , lift, power back up is pending. However to his credit, he has allowed few buyers and land owners to live and is paying for the electricity bill, now that is also cut. What can the buyers and land owners do?
In the sale agreement, he had mentioned that he will finish the project in early 2011, however the same is not mentioned in sale deed. This is true for all buyers. Please suggest what should be done
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 October 2014
Has sale agreementregd if yes file consumer complaint for compensession.
ajay sethi
(Expert) 22 October 2014
move consumer forum against the builder for deficiency in service for delay in completion of project . seek compensation for delay in completion of project . contact a local lawyer
Rajendra K Goyal
(Expert) 22 October 2014
Move to consumer forum for relief due to deficiency of service from the builder.
Vishnu
(Querist) 22 October 2014
Thanks for the reply. The sale agreement is not registered. The sale deed is registered. All of us want to file a joint case. However some of the buyers are already occupying the flat, after registration. Will that impact the case?
Also though he never mentioned anything about VAT in sale agreement or deed, now he is asking us to pay for VAT as there was a raid on him from Tax officials
Devajyoti Barman
(Expert) 22 October 2014
It is still the fit case for consumer forum. Do not waste time anymore and file the same asap.
Vishnu
(Querist) 22 October 2014
Thank you all . Will follow the due procedure and approach the consumer court
K.K.Ganguly
(Expert) 22 October 2014
File a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming rent from January 2011 till completion of the project for similar accomodation, damage, early completion, registration and cost.
T. Kalaiselvan, Advocate
(Expert) 23 October 2014
By not wasting time anymore, first issue legal notice to the builder and move a consumer forum immediately.
H.M.Patnaik
(Expert) 23 October 2014
Well advised by Experts.
As regards VAT component, VAT is charged as and when a sale is effected , not at a later stage. If not charged at the time of registering Sale Deed, the Builder can not demand lawfully at a later stage.
Vishnu
(Querist) 27 October 2014
Thank you very much
Vishnu
(Querist) 25 January 2015
I bought an under construction flat andV it was registered in July 2010. Nowhere in my sale deed , anything about excluding or including tax is mentioned. Developer is pressurizing many of us. Should we pay VAT now? Also this developer had a raid from CTO because he had not registered for VAT in 2011
